Electricity Act 1989

[F1 Interpretation U.K.

Textual Amendments

F1 Sch. 2A inserted (20.5.2009) by Energy Act 2008 (c. 32), ss. 44(4), 110(2), Sch. 2; S.I. 2009/1270, art. 2

38 (1) In this Schedule— U.K.

• “the asset owner”—

  (a)

  in relation to an application for a property scheme, means the owner of the property, rights and liabilities in relation to which provision of a kind mentioned in paragraph 1(2) is proposed to be included in the scheme;

  (b)

  in relation to a property scheme, means the owner of the property, rights and liabilities in relation to which provision of such a kind is included in the scheme;

• “co-ordination licence” means a transmission licence which authorises a person to co-ordinate and direct the flow of electricity onto and over a transmission system by means of which the transmission of electricity takes place and the whole or a part of which is at a relevant place;

• “functions” includes powers and duties;

• “modification notice” is to be construed in accordance with paragraph 9;

• “non-applicant party” means—

  (a)

  in the case of an application made by the preferred bidder or the successful bidder, the asset owner, and

  (b)

  in the case of an application made by the asset owner, the successful bidder or, if a notice has not yet been published under paragraph 36, the preferred bidder;

• “operational purposes” means the purposes of performing any functions which the successful bidder has, or may in future have—

  (a)

  under or by virtue of the offshore transmission licence which has been, or is to be, granted as a result of the tender exercise, or

  (b)

  under or by virtue of any enactment, in the successful bidder's capacity as holder of the licence;

• “preferred bidder”, in relation to a tender exercise, is to be construed in accordance with paragraph 35;

• “property scheme” is to be construed in accordance with paragraph 1;

• “relevant place” means a place in Great Britain, in the territorial sea adjacent to Great Britain or in a Renewable Energy Zone;

• “successful bidder”, in relation to a tender exercise, is to be construed in accordance with paragraph 36;

• “tender exercise” has the same meaning as in section 6D;

• “third party”, in relation to a property scheme or proposed property scheme in connection with a tender exercise, means a person other than the preferred bidder, the successful bidder, or the asset owner.

(2) For the purposes of this Schedule, a provision of a property scheme affects a third party if that party's consent or concurrence would be required to the making of the provision otherwise than by means of the scheme.]